This policy is not intended to be comprehensive, but to act as a guide. If you have any questions about this policy, please speak to your manager in the first instance. This policy does not form part of your terms and conditions of employment and may be varied and/ or withdrawn at any time without notice.
Kelly is committed to ensuring that employees are treated fairly and consistently at all times. This procedure has been developed with this is mind and is designed to help all Kelly employees to achieve and maintain high standards of conduct and performance.
It is important that you read and understand this policy and follow the provisions contained within it. This policy applies to all permanent UK & Ireland employees, as well as those who are working for and/ or on behalf of Kelly. If you have any questions about this policy please speak to your manager in the first instance.
Wherever possible, problems in the workplace will be resolved using informal action. Your manager will discuss his or her concerns with you, explain what you should do to improve, and keep a record of what you have discussed. If it is considered inappropriate to use informal methods, or if this approach has been unsuccessful, the formal disciplinary procedure will be followed.
No formal disciplinary action will be taken against an employee until any issue has been fully investigated. All employees are entitled to be accompanied to any formal disciplinary meeting by a trade union representative or a work colleague. Although there is no specific right for an employee to be accompanied to an investigation meeting, this may be allowed if requested and the chosen representative is readily available.
The only circumstances in which an employee will be dismissed for a first breach of discipline are in cases of gross misconduct. In these circumstances, the employee will normally be dismissed without notice or pay in lieu of notice.
This procedure may be implemented at any stage if the employee’s alleged misconduct warrants it.
If your manager has grounds to believe that your performance, attendance and/ or conduct has not been satisfactory and if it has not been possible to resolve this informally, he or she will write to you to invite you to a meeting to discuss this. Where it is appropriate, you will be provided with information, including any relevant witness statements and/ or supporting evidence prior to the meeting. In any case, you will always be provided with an explanation of the nature of the complaint against you to allow you to prepare for the meeting.
You have the right to be accompanied to any formal disciplinary meeting, by either a trade union representative or a work colleague. It is your responsibility to organise representation. Should you wish to be accompanied, their role is to summarise your case, ask questions, provide further information, ask questions, however they are unable to answer any questions which have been directed to yourself. If you are a member of a trade union, you may wish to discuss the issue with them even if you do not want to be accompanied to the meeting.
During the meeting your manager will discuss the issue with you and give you the chance to present your case, before deciding about what, if any, disciplinary sanction will be taken against you. Your manager will confirm their decision to you during the meeting and follow up with written confirmation. This will normally be within 5 working days.
If you are accused of an act of serious misconduct, you may be suspended on full pay until an investigation into the allegations has been completed. Suspension itself is not a disciplinary sanction and is a neutral act. The investigation will be completed in as short a time as possible, whilst allowing for a reasonable investigation into the circumstances surrounding the case to be conducted.
If your manager believes that it is appropriate, he or she will issue you with one of the below disciplinary sanctions.
o Verbal Warning - You will normally be given a verbal warning for issues such as minor breaches of procedure, lateness, or poor performance. The warning will be recorded and kept on your file for 6 months.
o First Written Warning - This will normally be issued where your performance or conduct does not meet satisfactory standards. It will set out the issue and the standards that you should meet to improve. This warning will remain on your file but will be disregarded for disciplinary purposes after 9 months, should you demonstrate the ability to achieve and sustain your conduct and/ or performance at the required level.
o Final Written Warning - If the offence is sufficiently serious, if there is another instance of misconduct, or if you fail to improve following a warning, you will normally receive a final written warning. This warning will remain on your file but will be disregarded for disciplinary purposes after 12 months, if you achieve and sustain satisfactory conduct or performance.
o Dismissal - If you still fail to improve your conduct or performance, the final step in the procedure may be dismissal.
o Demotion - If your conduct or performance has been considered serious enough, it may be appropriate to offer you demotion to a role in which you last performed satisfactorily as an alternative to dismissal, or in addition to a disciplinary sanction.
You will not be eligible for any salary increases during the period of any live warnings. TCRs are annual and if missed, you will be included in the following year (provided you have no further warnings). Ad-hoc increases will be agreed on merit and begin from the agreed date.
If Kelly is satisfied that you have committed an act of gross misconduct, you will normally be summarily dismissed without notice or a payment in lieu of notice.
The following will normally constitute gross misconduct:
- Theft, fraud, or dishonesty - Physical violence or bullying - Deliberate and serious damage to property - Serious misuse of the organisation’s property or name - Deliberately accessing internet sites containing pornographic, offensive or obscene material - Misuse of the expense procedure - Unlawful discrimination or harassment - Bringing the organisation into disrepute - Use of or possession of illegal substances, or incapacity due to alcohol or drugs at work - Serious negligence - A serious breach of health and safety rules - A serious breach of confidence - Unauthorised absence - A serious failure to follow a reasonable request - A serious or persistent breach of the no smoking/ vaping policy - A serious breach of a Kelly policy or procedure
Please be aware that the examples set out above are for illustrative purposes only and are not exhaustive; each case will be considered on its own merits.
All employee data is handled in line with the General Data Protection Regulation (GDPR) 2018.